Question
1. When reviewing a document to determine what has been granted what is the best way, in most situations,to address this issue? Examine the title
1. When reviewing a document to determine what has been granted what is the best way, in most situations,to address this issue?
Examine the title of the document
Examine thesignature of the granter
Examine thenotary public'sacknowledgement
Examine thewords of grant in the document
Examine the testimony of the grantor
Ask the opinion of the grantee
None of the above
Question 2
The most common estate granted in the U.S.in real estate transactionis a :
Life estate
Estate for years
Estate per accidents
Fee simple absolute
Terminable fee estate
None of the above
Question 3
An owner of real property lives in Oklahoma.She is selling toa party who lives in Alabama.The property is located in Texas.As disputed arises.In general , what law applies?
Oklahoma
Alabama
Texas
Wherever the courthouse is located
It will be decided by a judge
Wherever title originated
None of the above
Question 4
A party gets a grant of real property from the U.S. government.What they generally own,if they have been awarded the grant in fee simple absolute?
Surface rights
Mineral rights
Ground level rights to the heavens
Ground level rights to the center of the earth
Underground water
All of the above
Question 5
A tree is cut from a tract of land and stacked in a neat pile to be used as firewood next Winter.From a legal classification standpoint what would the wood be considered?
Real property
Personal property
Product of the soil
A service
An incorporeal hereditament
An easement
None of the above
Question 6
A tree is growing on a tract of land.From a legal classificationstandpointwhat would the tree be considered?
Real property
Personal property
Product of the soil
A service
An incorporeal hereditament
An easement
None of the above
Question 7
A 75year old tree is located on your property.The neighbor claims they have the right to cut it down due to an oral agreement made with previous owner of your property. Can that previous agreement be enforced?
Yes,covenants run with the land
Yes,if you were aware of the promise when you bought the land
Yes,if the real estate was aware of the agreement
No, in general the agreement must be in writing
No, any agreement to harvest trees or crops must designate harvest limitations
None of the above
Question 8
A 75year old tree is located on your property.The neighbor claims they have the right to cut it down due to the oral agreement madewith previous ownerof your property. What does a landowner generally ask for to deal with this situation?
Monetary damages to replace the tree
A hold harmless agreement should the agreement be enforceable
A short gun to keep the neighbor off the property
An injunction from a judge to prevent irreparable harm
A police order to keep the public off the land
None of the above
Question 9
You are granted a fee simple absolute title to property from the U.S.government.Can a government entity restrictthe use ofthose lands without compensating you as the owner?
No,the owner has the ' full bundle of sticks'
No, the rights are inherent in the U.S.Constitution
Yes,to protect the public health,welfare and safety
Yes, as part of the constitutional power to take property without compensation
None of the above
Question 10
You have a fee simple absolute interest in a 10 acre tract of land in New York.You are tired of paying taxes on it and want to abandon the title.Can you abandon real property under real property law?
Yes, all property can be abandoned
No,real propertycannotgenerally be abandoned
Yes, but only with a court order
No,in generalpersonal property cannot be abandoned
None of the above
Question 11
You have been granted a life estate and have been designated life tenant.Your cousin Vinnie is the remainderman. Withoutthe permission of the remainderman, which of the following is true?
You can plant and harvest corn on the property
You can cut timber growing on the property
You can tear down the house and barn on the property
You cannot pay real estate taxes on the property
You cannot sell groundwater or oil from a well on the property
None of the above
Question 12
A husband and wife live on a tract of land and use it as their principle residence.Title to the tract,the deed,only lists the wife as the owner.Which of the following is true if the property is to be sold to a third party?
Only the husband has to sign the deed
Only the wife has to sign on the deed
Both the husband and wife have to sign the deed
Both the husband and wife have to sign the deed, and district court has to approve
None of the above
Question 13
A fee simple absolute estate does not include which of the following attributes?
Power to convey
Power to designate who will inherit
Lasts an indefinite time period
Has the bundle of rights to utilize the land as desired
The right to compel easements over adjoining tracts
Question 14
An estate that is time limited,or potentiallytime limited, isreferred to as:
Life estate
Fee simple absolute
Determinable fee
Fee simple on condition subsequent
More than one of the above
Question 15
When the estates are severed, with a separate surface owner and separate mineral owner, who owns the fresh groundwater?
Surface owner
Mineral owner
Surface and mineral owner jointly
The local water district owns the water
It is subject to court interpretation
Question 16
In a fee simple absolute ownership,how many co-tenants or co-owners can you have in a one acre tract of land in Texas?
One
Two
Twenty-two
An unlimited number
Depends on the country
None of the above
Question 17
If you want to finance the real estate transaction and the party who is lending the money wants a security interest in the property,what is the appropriate document to perfect an interest in a real property?
Financing statement
Personal note
Corporate note
Mortgage
SEC filing
None of the above
Question 18
Property ownership in U.S.is unique since an owner of the fee generally also is allowed to own which of the following in addition to the surface:
Crops
Water rights
Timber rights
Mineral rights,including oil and gas
Supernatural rights
None of the above
Question 19
The value of real property is determined to some extent by:
The rule of law
The cash flow it can generate
The rights granted by the deed or grant
The limitations placed by the local government
All of the above
None of the above
Question 20
The description of the legal propertyowned or conveyed is important for a number of reasons. In the U.S:
We have one method that is legally allowed to describe property descriptions
The method utilized to describe property was adopted from Austria
The method utilized to describe property was adopted fromRussia
We have more than one method that can be used to describe property,depending on where the land is located
None of the above
Question 21
Which party has a non-possessoryestate?
Fee surface estate owner
Life tenant of a life estate
Fee simple determinable owner
Life estate remainderman
None of the above
Question 22
An owner of the mineral estate in fee simpleabsolute owns how deep under the surface?
A reasonable distance
100 feet below mean sea level 3
To China
To the center of the earth
None of the above
Question 23
Texas has a somewhat unique system to describe real property because:
The early legislature was very creative
Texas used to be a separatecountry and adopted portionof Spanish Law
The early legislature adopted the system proposed by Thomas Jefferson
All of the above
None of the above
Question 24
If you have a non-possessoryinterest in land:
You have a right to enter the property to survey
You have a right toenter the land for an accounting
You generally have no right to possession or entry
You can pay a third party to enter under color of title
None of the above
Question 25
Historically, a life tenancy has been used:
As a means to avoid property taxation
As a means to hide property from creditors
As a means to mortgagea property to a lender
As a means toavoid probate proceedings
None of the above
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